Prohibiting Lawyers From Acting

  Rubin Estate v Rubin Estate 2017 ONSC 1404  dealt with an application to prohibit a  lawyer from acting for her siblings and mother who were being sued by one daughter.   The lawyer in question had previously given US tax advise on a ” no… Read more

Executor Can Waive Solicitor Client Privilege

Haas Estate v Jane Doe 2017 BCSC 12 confirmed that an executor( personal representative ) of an estate can waive any solicitor client privilege that existed prior to the deceased’s passing. Mr. Haas died on February 15, 2016, leaving a will naming his only child,… Read more

Court Removal of Counsel

Court applications are occasionally made to remove the opposing counsel for various reasons ranging from litigation tactics to outright conflict of interest. The following are two cases where this was argued and both discuss the cautious approach that the courts should take in considering such… Read more

Solicitor Client Privilege and the Will File

Solicitor client privilege and the will file can often end up in a tug of war between the executor upholding a claim of privilege after the death of the estate deceased, and beneficiaries who want to see the lawyers notes and other file contents of… Read more

Will Drafters File Privileged In Wills Variation Claims

In an unreported decision, Brown v Terins et al, 20150505, Madam Justice Fisher refused an application brought by the plaintiffs in a wills variation action for access to the will drafters file so as to determine inter alia, the reasons for the disinheritance, so as… Read more

Lawyer Privilege- What Is Included and What Isn’t

FACTS OF CASE- Wong v Luu 2015 BCCA 159 reviews in detail the types of documents and information that are covered by solicitor client privilege, those that are not, and the legal reasoning. The respondents were appointed trustees in foreign bankruptcy proceedings of the appellant… Read more

Solicitor Client Privilege Upheld By Highest Court

  Attorney General of Canada v. Federation of Law Societies of Canada 2015 SCC 7 upholds the principle of solicitor client privilege in Canada. The case dealt with parts of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations that sought to require… Read more

Communication is Confidential Between Lawyers and a Client

Lawyers are the only profession that almost guarantees that communication is confidential between lawyers and a client. Even in the face of a police raid, but subject to a court order that communications be disclosed, communications between a client and his or her lawyer are confidential…. Read more

The Implied Confidentiality of Documents In Litigation

Sovani v Gray, Jampolsky and ICBC 2007 BCSC 403 deals with the issue of confidentiality of document exchange in litigation relating to the disclosure of documents to non-parties to the litigation, without the consent of the actual parties to the litigation. The court held that to… Read more

Solicitor Client Privilege

  Solicitor-Client Privilege [22] Recently the Supreme Court of Canada has said that to ensure public confidence, access to justice, and the quality of justice within Canada, solicitor-client privilege must be as close to absolute as possible: Blood Tribe Department of Health v. Canada (Privacy… Read more

Lawyers Limited From Benefiting From Client’s Will

Lawyers in BC are now limited in various aspects of receiving any benefits from a will his or her office prepared. As of January 1, 2013 the Law Society Rules of BC now provide: “Chapter 3 – Relationship to Clients | The Law Society of… Read more

Client Privilege and the Wills Cases Exception

Client privilege and the wills cases exception are the few line of cases that will not remain privileged after death. It is very frequent in estate litigation that for various reasons, the disinherited parties often wish to obtain the wills files of the solicitor who drafted… Read more